The Postal Service Act 2000 makes it a criminal offence to open mail not addressed to you, with potential penalties including a fine of up to £5,000 (level 5 on the standard scale) or imprisonment for up to six months, or both. This applies to anyone who intentionally delays or opens a postal packet in the course of transmission, or who opens a mail-bag without reasonable excuse.
What the Law Says
According to the act, a person commits an offence if, intending to act to a person's detriment and without reasonable excuse, they open a postal packet which they know or reasonably suspects has been incorrectly delivered to them. This means even if mail arrives at your address by mistake, you cannot legally open it if you suspect it is not for you.
Can You Open Your Partner's Mail?
You need consent to open your spouse's mail. If your husband or wife no longer lives with you, opening their post could constitute an offence. The law requires explicit permission from the addressee before you can lawfully open their mail.
Penalties for Offences
Under the Postal Service Act 2000, a person found guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months, or to both. Level 5 fines are currently capped at £5,000 in England and Wales.
What to Do If You Receive Someone Else's Mail
Royal Mail advises that if you receive mail with your address but the wrong name, simply cross out the address, write 'Not known at this address' or 'No longer lives here' on the envelope, and put it back in a postbox. Royal Mail states: 'We'll try to return it to the sender so they can update their records.' If the mail does not have your name or address, Royal Mail apologises and asks you to drop it in a postbox without adding postage, saying: 'We'll handle it from there and deliver it to the correct address.'
